Part V - Parliament • Article

Article 94 Simplified: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

The Speaker or Deputy Speaker must leave if they are no longer an MP. One special rule: even if the Lok Sabha is dissolved (for elections), the Speaker stays in office until the very first meeting of the new Lok Sabha. This ensures there's always someone to manage the House's affairs.

Official Text

A member holding office as Speaker or Deputy Speaker of the House of the People— (a) shall vacate his office if he ceases to be a member of the House of the People; (b)may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and (c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution: Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.

Simple Meaning

Explain Like Ten

The Speaker leaves their chair in three ways: if they stop being an MP, if they resign (the Speaker writes to the Deputy Speaker, or vice versa), or if the Lok Sabha votes them out. There's a special rule: if the Lok Sabha is dissolved, the Speaker does NOT have to leave immediately — they stay until the new Lok Sabha's first meeting.

Student Mode

Article 94 governs how the Speaker and Deputy Speaker vacate office: (a) Automatic vacation: ceasing to be a member of the House; (b) Resignation: Speaker resigns to Deputy Speaker, and Deputy Speaker resigns to Speaker; (c) Removal: by a resolution passed by all then members of the Lok Sabha, with 14 days' notice. Unique provision: The Speaker does NOT vacate office upon dissolution of the Lok Sabha — they continue until the first meeting of the new Lok Sabha. This ensures continuity and someone is always responsible for the House records.

Example

If an office-holder's power or duty is questioned, Article 94 clarifies how vacation and resignation of, and removal from, the offices of speaker and deputy speaker fits into Parliament's working rules.

Key Takeaway

The Speaker's office has unique continuity even during elections.

FAQs

Does the Speaker resign when the Lok Sabha is dissolved?

No. Article 94 has a special proviso: the Speaker continues in office even after dissolution, until immediately before the first meeting of the new Lok Sabha. This ensures continuity.

To whom does the Speaker resign?

To the Deputy Speaker. And the Deputy Speaker resigns to the Speaker (Article 94(b)).

What majority is needed to remove the Speaker?

An effective majority — a majority of all the then members of the Lok Sabha — with mandatory 14 days' prior notice of the intention to move the resolution.

Quiz

When does the Speaker of the Lok Sabha vacate office on dissolution of the House?

Answer: Immediately before the first meeting of the new Lok Sabha

The Speaker of Lok Sabha addresses their resignation to:

Answer: The Deputy Speaker